SNAP: Clergy abuse cases could hit 1,000

After former altar boys tearfully went public with allegations, a law was passed to open doors for lawsuits against the church, clergy and others.
Wochit

Members and supporters of the Laity Forward Movement and Concerned Catholics of Guam partake in their last picket against Archbishop Anthony Apuron, in order to give the Vatican space for a decision on his removal from the archdiocese at the Dulce Nombre de Maria Cathedral-Basilica in Hagåtña on July 9, 2017.(Photo: Frank San Nicolas/PDN)

A year after Gov. Eddie Calvo signed into law a bill allowing victims of child sexual abuse to sue their abusers and the groups they are associated with, at any time, Guam has seen 110 Catholic clergy sex abuse lawsuits.

And the number of cases filed could reach 1,000 because of the extent of cover-up, denials and vast reach of the abusers for decades, a national survivors group says.

Most of those sued, including the Archdiocese of Agana, the Boy Scouts of America and Archbishop Anthony S. Apuron, have challenged Public Law 33-187. The archdiocese and the Boy Scouts said the law is unconstitutional and should apply only to the alleged perpetrators and not institutions such as the Catholic Church or the Boy Scouts.

Apuron, through his attorney, Jacqueline Terlaje, argued the 2016 law didn't retroactively lift the statute of limitations for childhood sexual abuse cases and is unconstitutional because it takes away Apuron's due process rights.

Calvo, in a letter accompanying the law, said the bill has several legal and technical concerns, including whether it is even possible under the constitution to retroactively lift the statute of limitations. He said he erred on the side of the aggrieved by making it law.

Attorney David Lujan, representing most of those who filed clergy sex abuse lawsuits, said it is important to note that while nearly all the defendants are challenging the law in their court filings, they want to settle the cases out of court.

Purpose of the law

Speaker Benjamin Cruz said this type of legislation exists to accomplish two specific goals: identifying the predators to prevent further harm to children; and to deliver some small measure of justice to those who have suffered in silence for too long.

"A year later, my only real hope is that we accomplish what we set out to do," Cruz said.

There was one other childhood sexual abuse lawsuit filed, alleging sexual abuse against a Boy Scout master not associated with the church.

More than a dozen lawyers from law firms based on Guam, Hawaii, Washington, D.C., Washington and other states have been involved, representing the plaintiffs and the defendants.

1,000 lawsuits

The world’s largest network of priest abuse survivors said its initial estimate in early April of 150 to 200 clergy sex abuse cases is a "very conservative" one. At the time, there were 45 clergy sex abuse cases filed in local and federal courts. As of Sept. 21, the number of clergy sex abuse cases reached 110.

"Looking at the population of Guam, the years of cover-up and denial, and vast reach of the accused abusers, I think that the number of cases could go up to 1,000," said Joelle Casteix, western regional director for the St. Louis-based Survivors Network of those Abused by Priests, or SNAP.

Joelle Casteix(Photo: PDN file)

Lujan has said in court that there are victims who haven't filed lawsuits. He said they are a part of those who are participating in a proposed mediation.

Casteix said there was a lot of pushback when she shared her initial estimates of 150 to 200 cases in April.

"Folks thought I was out of my mind. Now, yes, I do believe my estimate was very conservative," she said.

Casteix said Guam has a far more concentrated and isolated population than anywhere else where one of these laws has been passed.

"Add to that the consistent media coverage, the (Apuron) canonical trial, the back-and-forth with the Neocatechumenal Way, and Apuron’s financial mismanagement, and you have created an atmosphere where survivors feel very empowered to come forward. In fact, I would not be surprised if many feel it is now their duty to have their voices heard," Casteix said.

Apuron is undergoing a Vatican canonical trial. The Vatican,hasn't made public the specific charges filed against him.

Concerned Catholics of Guam president David Sablan said he and others on the island believe the Vatican has enough evidence to find Apuron guilty. Concerned Catholics has been calling for Apuron's permanent removal as Guam archbishop and is hoping he will be defrocked.

Healing, mediation

A number of clergy sex abuse victims continue to receive counseling, according to Michael Caspino, executive director of the the Archdiocese of Agana's Hope and Healing Guam.

Hope and Healing Guam, created by the archdiocese, provides professional counseling, treatment, spiritual healing, compensation and justice to clergy sex abuse victims. It was created and funded using an initial $1 million by the church, but operates independently.

Caspino said the review board, led by attorney Alicia Limtiaco, is an integral part of the resolution process and has been meeting regularly.

"Mediations will be commencing and the board will have an important role in settlement," Caspino said.

A number of victims have taken advantage of the counseling and/or victim support groups, he said.

"The archdiocese is committed to this process and will continue to offer assistance to all victims of clergy abuse," he said.Mediation has yet to start, as parties are finalizing mediation protocols and have yet to agree on a mediator.